Owning Devices for Counterfeiting Values
Abstract
The paper is an analysis of the crime of possession of instruments in order to falsify values, being structured in a way that allows the identification of essential elements necessary to understand the examination both theoretically and practically. The examination includes the pre-existing conditions of the crime, the objective side, the subjective side, normative forms and modalities, legislative precedents, transitional situations, as well as an introductory part where we have discussed and highlighted the recent changes in the incriminating text and the European normative determined to amend the original indictment text. The paper is part of volume IV of a university course to be published by a recognized publishing house in the field of legal sciences in the country. Given the way it is written and the depth of the examination, we appreciate that it can be useful to the students of the profile faculties in the country, as well as to the practitioners in the field.
References
The Romanian Constitution.
Criminal Code.
Directive (EU) 2019/713 of the European Parliament and of the Council of 17 April 2019 on combating fraud and counterfeiting in relation to cashless payments and replacing Council Framework Decision 2001/413 / JHA published in the Official Journal of the European Union L 123/18 of 10.5.2019.
Law no. 207/2021 for the amendment and completion of Law no. 286/2009 on the Criminal Code, as well as on measures to transpose Directive (EU) 2019/713 of the European Parliament and of the Council of 17 April 2019 on combating fraud and counterfeiting in connection with non-cash and non-cash means of payment replacement of Council Framework Decision 2001/413 / JHA, published in the Official Monitor of Romania, Part I, no. 720 of July 22, 2021;
Dongoroz, Vintilă in Dongoroz, Vintilă (scientific consultant; title VII; final provisions; leader and coordinator of the entire volume), Kahane, Siegfried; Oancea, Ion; Fodor, Iosif; Iliescu, Nicoleta; Bulai, Constantin; Stănoiu, Rodica; Roșca, Victor (1972). Explicații Teoretice ale Codului penal Român, vol. IV, Partea speciala/Theoretical Explanations of the Romanian Criminal Code, vol. IV, Special part, Bucharest: Ed. Academiei Române.
Papadopolu, M.I. (1937) Commentary, in Rătescu, Const. G.; Ionescu-Dolj, I.; Periețeanu, I. Gr.; Dongoroz, Vintilă H.; Traian Pop, Aznavorian; Papadopolu, Mihail I.; Pavelescu, N.(1937). Codul Penal Carol al II-lea, Adnotat, vol. II, Partea Specială I, art. 184-442/Carol II Criminal Code, Annotated, vol. II, Part Special I, art. 184-442. Bucharest: Ed. Librăriei SOCEC & Co., S.A.
Udroiu, Mihail (2021). Sinteze de Drept penal, Partea specială, Ediția 2, vol. II/ Synthesis of Criminal Law, Special Part, Edition 2, vol. II. Bucharest: C.H. Beck.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2021 Bogdan Bîrzu
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
The author fully assumes the content originality and the holograph signature makes him responsible in case of trial.
